QUESTION
Does the original contract I signed stand? Or is the second copy a legal binding document (without my signature)?
Asked on Dec 26th, 2012 on Landlord and Tenant Law - North Carolina
More details to this question:
My landlord said the lease was good for a year in the email when I first contacted her about the property. Then when we met up, I was told that if I had to relocate to anywhere else, I could leave without the penalty of losing my deposit. On the original lease agreement I signed, it stated that it is month-to-month tenancy and all I had to give was 30 day notice to move out and the landlord's supposed to give me my deposit back. After I signed the original lease, LL did not provide me the copy of the signed lease. More than a month later, after bugging LL multiple times to obtain the lease copy, I was finally provided with the lease but it did not have my signature on it. And the section where it said it was month-to-month was changed to a year lease (I did not have any way of knowing the difference because I was never given the original lease, I found this out through the court where she filed for eviction proceedings). Now, I notified LL two months before I moved out. When I notified LL, I asked for the deposit back. The LL refused and said I was breaking the lease. So I did not pay the last month's rent and said LL could keep the deposit as rent (I did not damage anything other than regular wear and tear). The LL filed the eviction, first cause hearing was dismissed because I had already moved out. Now for the second hearing, does the original contract I signed stand? Or is the second copy a legal binding document (without my signature)? P.S. While I lived there we did not get along - I complained about the other tenant's noise and the LL didn't want to do anything about it. So we were both nasty to each other (I admit I was nasty too - if that matters in determining whether the lease is binding).
5 ANSWERS
Business Attorney serving Tustin, CA
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Heinly Benson Killian and Kramer
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In theory, an unsigned lease is not binding. However, you cannot provide a copy of the agreement you signed. Since you can't provide a copy, the LL will likely claim that the unsigned lease WAS signed by you, but that the LL cannot find the signed version. You, of course, will testify that you never signed a version of this one year lease. So now it comes down to a "he said/she said" issue in court. In theory, the judge ought to rule in your favor. However, you can never be certain. In the future, ALWAYS get a copy of your signed lease right away and keep at least two copies in separate locations in the event of a fire or other disaster.
Answered on Jan 04th, 2013 at 8:25 PM
Family Law Attorney serving Brunswick, GA
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Vincent D. Sowerby
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It is obvious that you are in the middle of a court proceeding. You have already had one hearing and I'm sure the judge told you what the issue will be for the second hearing. If you did not sign a document then it is not binding on you.
Answered on Jan 04th, 2013 at 4:09 PM
Land Use & Zoning Attorney serving Boston, MA
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Greenbaum, Nagel, Fisher & Paliotti, LLP
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The one you signed is a legal binding document you cannot normally be held to a contract which you did not sign.
Answered on Jan 04th, 2013 at 2:47 PM
It isn't a contract if you didn't sign it.
Answered on Jan 04th, 2013 at 2:37 PM
Chapter 13 Bankruptcy Attorney serving Winston-Salem, NC
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Love and Dillenbeck Law
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This is a great example of why you should ALWAYS get a copy of any contract you sign at the time you sign it...if you can't get a copy immediately...don't sign. The second contract without your signature is not a binding agreement. The problem is that you signed a contract and you have no documentary evidence of its terms. It would not take much for the landlord to take the last page with your signature and attached it to the lease with the different terms. The best you can do it argue that, you did not sign what the landlord is presenting and hope you can convince the judge/magistrate.
Answered on Jan 04th, 2013 at 7:55 AM